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Aquapri (Environment – Assessment of A Project Likely To Affect A Protected Site – Judgment): ECJ 10 Nov 2022

Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Assessment of a project likely to affect a protected site – Obligation to conduct an assessment – Continuation of the economic activity of an operation already authorised at the planning … Continue reading Aquapri (Environment – Assessment of A Project Likely To Affect A Protected Site – Judgment): ECJ 10 Nov 2022

Toya (Telecommunications – Power of The National Regulatory Authority To Impose Conditions – Opinion): ECJ 9 Jun 2022

Reference for a preliminary ruling – Telecommunications – Directive 2014/61/EU – Article 3 – Power of the national regulatory authority to impose conditions relating to access to physical infrastructure on an operator not having significant market power – Absence of a dispute relating to access – Article 1(3) – Minimum harmonisation Citations: C-243/21, [2022] EUECJ … Continue reading Toya (Telecommunications – Power of The National Regulatory Authority To Impose Conditions – Opinion): ECJ 9 Jun 2022

Toya (Telecommunications – Power of The National Regulatory Authority To Impose Conditions): ECJ 17 Nov 2022

Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Assessment of a project likely to affect a protected site – Obligation to conduct an assessment – Continuation of the economic activity of an operation already authorised at the planning … Continue reading Toya (Telecommunications – Power of The National Regulatory Authority To Impose Conditions): ECJ 17 Nov 2022

Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008

The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008

IE v Magistrat Der Stadt Wien (Conservation of Natural Habitats and of Wild Fauna and Flora – European Hamster – Judgment): ECJ 2 Jul 2020

Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 12(1) – System of strict protection for animal species – Annex IV – Cricetus cricetus (European hamster) – Resting places and breeding sites – Deterioration or destruction – Areas which have been abandoned Citations: … Continue reading IE v Magistrat Der Stadt Wien (Conservation of Natural Habitats and of Wild Fauna and Flora – European Hamster – Judgment): ECJ 2 Jul 2020

Minister For The Environment, Heritage And Local Government v An Bord Pleanala: ECJ 22 Nov 2012

ECJ Environment – Special conservation areas – Assessment of the impact of a plan or project on a protected site – Adverse effect on the integrity of the site Citations: C-258/11, [2012] EUECJ C-258/11 Links: Bailii Jurisdiction: European Cited by: Opinion – Minister For The Environment, Heritage And Local Government v An Bord Pleanala ECJ … Continue reading Minister For The Environment, Heritage And Local Government v An Bord Pleanala: ECJ 22 Nov 2012

Nomarchiaki Aftodioikisi Aitoloakarnanias And Others: ECJ 13 Oct 2011

ECJ Opinion – Environmental protection – Directive 200/60/CE – Policy of the Union in the field of water – Deviation of the course of a river – Concept of time limit for establishing management plans for river basin – anticipated effects – Public Participation – Directive 2001/42/EC – Assessment of the effects of plans and … Continue reading Nomarchiaki Aftodioikisi Aitoloakarnanias And Others: ECJ 13 Oct 2011

Commission v Spain (Environment And Consumers): ECJ 28 Jun 2011

ECJ Site’ Alto Sil ‘- Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – Directive 92/43/EEC – Protection of natural habitats and wild species – brown bear (Ursus arctos) – Capercaillie (Tetrao urugallus). Citations: C-404/09, [2011] EUECJ C-404/09, [2011] EUECJ C-404/09 Links: Bailii, Bailii European Updated: 15 September 2022; Ref: … Continue reading Commission v Spain (Environment And Consumers): ECJ 28 Jun 2011

Azienda Agro-Zootecnica Franchini And Eolica Di Altamura: ECJ 14 Apr 2011

ECJ Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Directive 79/409/EEC – Conservation of wild birds – Natura 2000 – Directive 2001/77/EC – Renewable energy sources – National rules – Prohibition of location of wind turbines not intended for self-consumption in sites forming part of the ecological … Continue reading Azienda Agro-Zootecnica Franchini And Eolica Di Altamura: ECJ 14 Apr 2011

Morge v Hampshire County Council: SC 19 Jan 2011

The claimants had challenged the allocation of a former railwy line to become a rapid bus service, saying that the Council had failed properly to take account of the Habitats Directive. The Supreme Court was asked as to the extent of doisturbance to an endangered species required to engage the prohibition againsty ‘deliberate disturbance’ under … Continue reading Morge v Hampshire County Council: SC 19 Jan 2011

Commission v Spain (Environment And Consumers): ECJ 20 May 2010

ECJ Failure of a Member State to fulfil obligations – Directive 92/43/EEC Conservation of natural habitats – Wild fauna and flora – rotection arrangements before a habitat is placed on the list of sites of Community importance Article 12(4) – Project for upgrading a country road. Citations: C-308/08, [2010] EUECJ C-308/08 Links: Bailii Statutes: Directive … Continue reading Commission v Spain (Environment And Consumers): ECJ 20 May 2010

The Royal Society for the Protection of Birds and Another v the Secretary of State for Scotland for Judicial Review: SCS 28 Jul 2000

When considering what degree of disturbance would be caused to a population of birds by licenses for control, the secretary had to consider not only the effect on the population of the species as a whole, but also the effect licences might have on local populations within special protection areas. The amendments to the Birds … Continue reading The Royal Society for the Protection of Birds and Another v the Secretary of State for Scotland for Judicial Review: SCS 28 Jul 2000

Commission v Spain: ECJ 18 May 2006

ECJ Failure by a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Protection of species – Hunting using stopped snares in private hunting areas – Castilla y Leon.The setting of stopped snares was said to have endangered the lives of the otter. Held: … Continue reading Commission v Spain: ECJ 18 May 2006

Commission v United Kingdom: ECJ 20 Oct 2005

ECJ Failure of a Member State to fufil obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora.The respondent had failed properly to transpose the Habitats Directive into National Law. The regulations were too general and did not impose sufficiently precise obligations: ‘As the Commission has rightly pointed out, section 54A … Continue reading Commission v United Kingdom: ECJ 20 Oct 2005

Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc: ECJ 7 Sep 2004

ECJ Directive 92/43/EEC – Conservation of natural habitats and of wild flora and fauna – Concept of ‘plan’ or ‘project’ – Assessment of the implications of certain plans or projects for the protected site.‘other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources’ – clearly applies to activities, such … Continue reading Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc: ECJ 7 Sep 2004

Commission v Greece C-103/00: ECJ 30 Jan 2002

ECJ Failure by a Member State to fulfil its obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Protection of species.Advocate General Leger explained article 1(I) of the Directive: ‘conservation status is regarded as ‘favourable’ when population dynamics data on the species concerned indicate that it is maintaining … Continue reading Commission v Greece C-103/00: ECJ 30 Jan 2002

Commission v France: ECJ 6 Apr 2000

ECJ Failure by a Member State to fulfil its obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora Citations: C-256/98, [2000] EUECJ C-256/98 Links: Bailii Statutes: Directive 92/43/EEC European Updated: 04 June 2022; Ref: scu.162442

Foreningen Skydda Skogen (Conservation of Wild Birds – Logging – Opinion): ECJ 10 Sep 2020

Request for a preliminary ruling – Directive 2009/147/EC – Conservation of wild birds – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Prohibitions for the conservation of protected species – Logging – Conservation status of species – Deliberateness Citations: C-473/19, [2020] EUECJ C-473/19_O, [2021] EUECJ C-473/19, ECLI:EU:C:2020:699 Links: Bailii, … Continue reading Foreningen Skydda Skogen (Conservation of Wild Birds – Logging – Opinion): ECJ 10 Sep 2020

Holohan and Others (Conservation of Natural Habitats and of Wild Fauna and Flora – Opinion): ECJ 7 Aug 2018

Request for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Special protection area – Appropriate assessment of the effects of a project on an area – … Continue reading Holohan and Others (Conservation of Natural Habitats and of Wild Fauna and Flora – Opinion): ECJ 7 Aug 2018

Namur-Est Environnement (Judgment): ECJ 24 Feb 2022

Reference for a preliminary ruling – Environment – Directive 2011/92/EU – Assessment of the effects of certain projects on the environment – Directive 92/43/EEC – Conservation of natural habitats – Relationship between the assessment and authorization procedure referred to in Article 2 of Directive 2011/92/EU and a national procedure for derogation from the species protection … Continue reading Namur-Est Environnement (Judgment): ECJ 24 Feb 2022

Grace and Sweetman v An Bord Pleanala: ECJ 19 Apr 2018

Environment – Assessment of The Implications of A Wind Farm Project – Opinion – Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Article 6(3) – Directive 2009/147/EC – Assessment of the implications of a wind farm project for a special protection area – Hen harrier (Circus cyaneus) – Mitigation measures Citations: ECLI:EU:C:2018:274, … Continue reading Grace and Sweetman v An Bord Pleanala: ECJ 19 Apr 2018

Regina v Secretary of State for Trade and Industry and Others, Ex Parte Greenpeace Ltd: QBD 19 Jan 2000

The European Community Directive on Habitats applied to the United Kingdom continental shelf, and was not restricted in its effect to the territorial limit of 12 miles. The Secretary of State in granting licences for the exploration of such waters for oil without regard to the Directive was acting unlawfully. Such activities could only be … Continue reading Regina v Secretary of State for Trade and Industry and Others, Ex Parte Greenpeace Ltd: QBD 19 Jan 2000

People Over Wind and Sweetman v Teoranta: ECJ 12 Apr 2018

Environment – Conservation of Natural Habitats – Judgment – Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats – Special areas of conservation – Article 6(3) – Screening in order to determine whether or not it is necessary to carry out an assessment of the implications, for a special … Continue reading People Over Wind and Sweetman v Teoranta: ECJ 12 Apr 2018

Commission v Spain C-461/14: ECJ 24 Nov 2016

(Judgment) Failure of a Member State to fulfil obligations – Directive 2009/147/EC – Conservation of wild birds – Special protection areas – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Directive 92/43/EEC – Conservation of natural habitats ECLI:EU:C:2016:895, [2016] EUECJ C-461/14 Bailii European Environment Updated: 26 … Continue reading Commission v Spain C-461/14: ECJ 24 Nov 2016

Lesoochranarske Zoskupenie Vlk: ECJ 8 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats – Article 6(3) – Aarhus Convention – Public participation in decision-making and access to justice in environmental matters – Articles 6 and 9 – Charter of Fundamental Rights of the European Union – Article 47 – Right to … Continue reading Lesoochranarske Zoskupenie Vlk: ECJ 8 Nov 2016

Commission v Greece C-504/14: ECJ 10 Nov 2016

ECJ (Judgment) Failure of a Member State to fulfil obligations – Environment – Nature conservation – Directive 92/43/EEC – Article 6(2) and (3) and Article 12(1)(b) and (d) – Wild fauna and flora – Conservation of natural habitats – Sea turtle Caretta caretta – Protection of sea turtles in the Gulf of Kyparissia – ‘Dunes … Continue reading Commission v Greece C-504/14: ECJ 10 Nov 2016

Orleans And Others v Malcorps and Others: ECJ 21 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats – Special areas of conservation – Natura 2000 site ‘Scheldt and Durme estuary from the Dutch border to Ghent’ – Development of a port area – Assessment of the implications of a plan or project for a protected … Continue reading Orleans And Others v Malcorps and Others: ECJ 21 Jul 2016

Commission v Bulgaria: ECJ 14 Jan 2016

ECJ Failure of a Member State to fulfil obligations – Directive 2009/147/EC – Conservation of wild birds – Kaliakra and Belite Skali special protection areas – Directive 92/43/EEC – Conservation of natural habitats and wild species – Kompleks Kaliakra site of Community importance – Directive 2011/92/EU – Assessment of the effects of certain projects on … Continue reading Commission v Bulgaria: ECJ 14 Jan 2016

Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a member of the Ryburgh Village Action Group. The proposal involved the erection of two silos … Continue reading Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

Minister For The Environment, Heritage And Local Government v An Bord Pleanala: ECJ 11 Apr 2013

ECJ Environment – Directive 92/43/EEC – Article 6 – Conservation of natural habitats – Special areas of conservation – Assessment of the implications for a protected site of a plan or project – Criteria to be applied when assessing the likelihood that such a plan or project will adversely affect the integrity of the site … Continue reading Minister For The Environment, Heritage And Local Government v An Bord Pleanala: ECJ 11 Apr 2013

Cascina Tre Pini SS v Ministero Dell Ambiente E Della Tutela Del Territorio E Del Mare And Others: ECJ 20 Jun 2013

ECJ Opinion – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Site of Community importance – Declassification – Property – Assessment on request – Hearing – Competent authorities Kokottt AG C-301/12, [2013] EUECJ C-301/12, [2014] EUECJ C-301/12 Bailii, Bailii Directive 92/43/EEC European Environment Updated: 14 November 2021; Ref: scu.510997

Morge, Regina (on The Application of) v Hampshire County Council: CA 10 Jun 2010

Over time, an abandoned railway line had become a habitat for local wildlife. The claimant now objected to the grant of planning permission for a light railway. Held: The claimant’s appeal failed. For an act to fall within 12(1)(b) of the Directive so as to be a Deliberate Disturbance, the act complained of had to … Continue reading Morge, Regina (on The Application of) v Hampshire County Council: CA 10 Jun 2010

Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

Boggis and Another v Natural England: CA 20 Oct 2009

Natural England appealed against the quashing of an SSSI. Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners to continue to replenish their sea defences. That work would … Continue reading Boggis and Another v Natural England: CA 20 Oct 2009

United Kingdom Of Great Britain And Northern Ireland v European Commission: ECJ 29 Nov 2012

ECJ Appeal – Directive 92/43/EEC – Conservation of natural habitats – List of sites of Community importance for the Mediterranean biogeographical region – Inclusion in the list of a site proposed by the Kingdom of Spain – Site allegedly covering an area of British Gibraltar territorial waters and an area of the high seas – … Continue reading United Kingdom Of Great Britain And Northern Ireland v European Commission: ECJ 29 Nov 2012

Cascina Tre Pini SS v Ministero Dell’Ambiente E Della Tutela Del Territorio E Del Mare And Others: ECJ 20 Jun 2013

References: C-301/12, [2013] EUECJ C-301/12, [2014] EUECJ C-301/12 Links: Bailii, Bailii Coram: Kokottt AG ECJ Opinion – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Site of Community importance – Declassification – Property – Assessment on request – Hearing – Competent authorities Statutes: Directive 92/43/EEC

Regina on the Application of JHM Newsum v Welsh Assembly Government: CA 22 Nov 2004

The claimant had been granted judicial review of a refusal to translocate a population of great crested newts. They wanted to quarry the land occipied by the newts, and planning permission had been granted for this work. The respondent appealed. Held: The grant of planning permission itself did not demonstrate that the quarrying was a … Continue reading Regina on the Application of JHM Newsum v Welsh Assembly Government: CA 22 Nov 2004

Commission v Netherlands C-441/03: ECJ 14 Apr 2005

Europa Failure by a Member State to fulfil its obligations – Directives 79/409/EEC and 92/43/EEC – Conservation of wild birds – Conservation of natural habitats – Failure to transpose within the prescribed periods Citations: [2005] EUECJ C-441/03 Links: Bailii Jurisdiction: European Environment, Consumer Updated: 17 April 2022; Ref: scu.224268

Commission v Greece: ECJ 17 Jul 2014

ECJ Judgment Of The Court – Failure to fulfill obligations – Environment – Waste Management – Directives 2008/98/EC, 1999/31/EC and 92/43/EEC – Discharge of waste on the island of Zakynthos – Zakynthos National Marine Park – Natura 2000 site – Sea turtle Caretta caretta – Extension of validity of environmental clauses – Lack of management … Continue reading Commission v Greece: ECJ 17 Jul 2014